Guidebook on Registering Property in Malaysia.pdf

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GUIDEBOOK on REGISTERING PROPERTY in MALAYSIA2bRegistration Stage2b.1 Registration of Transfer of the Property(for property with individual title)For registration of property, submission of the duly stamped Form 14A at the Land Office /Registry must be accompanied with:• Original IDT (Issue Document of Title);• Certified copies of the buyer’s and seller’s NRIC / passport; or• Company Memorandum and Articles of Association, Companies Commission of Malaysia(CCM) Company Search, Company Resolution, Return of Allotment of Shares - Form 24, Listof Register of Directors, Managers and Secretaries - Form 49;13• Fees as prescribed by the Land Office / Registry;• A copy of current Quit Rent and Assessment Receipt.Checklist for registration of transfer of property at Kuala Lumpur Land Registry :(for landed property with individual title)ItemRequired Document1 Completed Form 14A• A copy of NRIC / Passport (if Individual); Company Memorandum and Articlesof Association, Companies Commission of Malaysia (CCM) Company Search,Company Resolution, Return of Allotment of Shares - Form 24, List of Register ofDirectors, Managers and Secretaries Form 49 (if company)• Letter of Consent to Transfer (where applicable)• Letter of Consent to Charge (where applicable)2 Original Issue Document of Title (IDT)3 Payment of prescribed registration fee4 Copies of current Quit Rent and Assessment receipts• The Land Administrator will endorse the name of the buyer in the Register Document of Title(RDT).• The RDT is kept in the strong room at the Land Office / Registry itself.• The Land Office / Registry will subsequently issue a new IDT to the buyer within 1 workingday from the date of submission.
GUIDEBOOK on REGISTERING PROPERTY in MALAYSIAAll Land Offices / Registries in Peninsular Malaysia are committed to issue the new IDT withinthe specified time frame.Generally it takes 1 working day for registering of property. The process of registering property atthe Kuala Lumpur Land Registry is shown in Diagram 4 (page 15).Diagram 4A (page 16) presents the workflow of the registration process at Kuala Lumpur LandRegistry (for consent to transfer involving leasehold property).2b.2 Assignment of Property(for property without individual title)14No registration is required for properties without individual titles simply because the Land Office/ Registry does not have records of individual properties until the individual titles are issued.Properties without individual titles can be sold or change hands by means of a document calledthe Deed of Assignment (“DOA”).A DOA is a legal instrument used as a means of conveyance of rights to property whereby theSeller (“Assignor”) assigns his rights and title to the property to the Buyer (“Assignee”).By the DOA, the Seller’s rights, interest and title to the property as enshrined in the SPA, usuallycalled the Principal SPA (between the First Purchaser, the Developer and / or Proprietor) isassigned to the Assignor.Once the DOA is duly executed and stamped, the Assignee acquires legal rights and title to theproperty assigned. The only difference is that it is not registered at the Land Office / Registry.The DOA has to be adjudicated in a similar manner as for property with title but instead of Form14A, the original copy of the DOA is submitted together with Form PDS 15.
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